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CONTRACT '
OINTERLOCAL AGREEMENT
r
BETWEEN
FORS" WORTH DEPEND NT SC'HO'OL DISTRICT
"
AND THE CITY OF FORT WORTH.
"his T FOCAL AGREEMENT is made and enterer. into this the
day of!: 2 , h and between the CITY OF FORT WORTH home-rule
municipal corporat� the State of Texas (the "City"), and -the BOARD OF TRUSTEES of the
FORT WORTH INDEPENDENT SCHOOL DISTRICT, a political snhd vi,si n of the State of
Texas, and a legally constituted Independent School District t located within. Tarrant County,
Texas (the F ISD w
RECITALS
This Agreement is made under the authority granted to the City and the F* ISD by and
pursuant to the Texas Govern. ent Code, Chapter 791, known as the INTER OCA
COOPERATION ACT.
WHEREAS, the City Council. of Feet Worth and the Fort Worth Independent School
District Board of Trustees have determined that the security and well-being of students at middle
and elementary,schools during after-school hours of -00 to 6:00 PM are of prime importance
WHEREAS, .the City Council of Fort Worth and the Fort Worth Independent School
District Board of Trustees by consensus agree that the activities f'elementary and middle school
children during these critical hours are of paramount importance t both government entities;
WHEREAS,, for more than a decade, the FWISD and City have entered into a series of
nterl.oeal Agreements for the creation and operation of a Coordinating Board to oversee and
operate after-school pr ams at selected FWISD schools as a. juvenile crime prevention
measure, with the most recent agreement being Fort Worth City Secretary Contract 43,996 (the
"Coordinating Bard Agreement").
WHEREAS, FWISD and City anticipate renewing ing th.e Coordinating, Board Agreement to
continue funding and operating the coordinating beard and the after school program for the
2013-2014 school year;
WHEREAS, for several years, the Coordinating Board, pursuant to its Fevers and the
terms of the Coordinating Beard Agreement, has designated the City, through its Parks and
Community Services Department, to provide the after-school program at Como Elementary
School, and
WHEREAS, the FWIS , on behalf of the Coordinating Beard, and the City wish to enter
into a new agreement so that the City, through its Parks and Community Services Department,
may continue to provide the after-school ro am at Como Elementary School for the 2013-2014
school dear.
CITY SECRETARY
Int rloc al Agreement o Coma Ell ne a OCT a 2 20
RECEWED
A U61 ,, �, Page I of 7
NOW THEREFORE, in consideration of the mutual covenants herein expressed, the
City, acting by and 'through its duly authorized Assistant City Manager, and FWISD, acting by
and through its duly authorized superintendent, do hereby covenant and agree as follow&-
AGREEMENT
Pursuant to the designation by the Coordinating Board under the Coordinating Board
Agreement, the City and F D agree that,:
I SCOPE OF SERVICES. The City will implement and operate the after-school
program at Como Elementary School pursuant to the terms of the Coordinating
Board Agreement governing, the 2013-2014 school year. The Coordinating Board,
as authorized tinder the Coordinating Board Agreement, shall oversee the
implementation and operation of said programs.
2. GOALS AND MISSION STATEMENT. The miss,ion of the After-School
Program at Como Elementary School shall be-,
"To enable needs-based after-school programs in a safe environment that result in
educational, physical, and social development for elementary and middle school
aged children."'
Goals of the After-School Program shall include, at a minimum:
To provide homework assistance, tutorial, and relevant educational
programs
To improve the awareness of the importance of learning
To reduce the level of truancy
To address the students physical needs
To provide activities that promote social development
To reduce juvenile arrests
To reduce juvenile victims of crimes during the target hours
Operational Imperatives are:
1. To establish program goals and objectives, that are measurable and result
in desired outcomes through a scientific evaluation process
2. To ensure that program participants achieve improvement in core program
outcomes through an accountable system of measurement
3. To ensure that existing programs are not duplicated, or if appropriate, are
expanded or complimented through an inventory and evaluation of
existing programs.
Interlocal Agreement with FWISD for Como Elementary School Year 2013-2014 Page 2 of'7
3. FUNDING
FWISD agrees to pay the City up to Fifty-One Thousand Twenty-Six Dollars and
00/1010 ($51 012,6.00) to fund the operation of the After-Sehool Program at Como
Elementary School.
Pursuant to 791.011 of' the Interlocal Cooperation, Act, each party paying for
performance of governmental functions or services must make those payments
from current revenues available to the paying party. Payments will be due within
30 days from receipt of invoice.
4. TERM. The term of this Agreement is for a period beginning on July 1, 2 13, and
ending,on June 30, 2014 and shall cover the entire 2013-2014 school year.
5. NON-APPROPRIATION OF FUNDS. It is expressly understood, and agreed between
the parties that this Agreement is wholly conditioned upon the actual receipt by the City
of funds from the Fort Worth Crime Control and Prevention District. If, for any reason,
at any time during any term of this Agreement, the City Council fails to appropriate funds
sufficient for the City to fulfill its obligations under this Agreement, the City may
terminate this Agreement to be effective on the later of (i) thirty (30) days following
delivery by the City to FWISD of written notice of the City's intention to terrninate or(ii)
the last date for which funding has, been appropriated by the City Council for the
purposes set forth in this Agreement.
6. TERMINATION OF AGREEMENT. If the City or the FWTSD fails, for any reason, to
perfon-n any provision of this Agreement, this Agreement may be terminated if the
default continues for a period of thirty (301) days after the notifying party notifies the
defaulting party in writing of the default and its intention to declare this Agreement
terminated. If the defaulting party does not cure or correct such breach within the thirty
(30) day period, the notifying party shall have the right to declare this Agreement
immediately terminated and neither party shall have further responsibility or liability
hereunder.
This Agreement may be terminated by either party, in whole or in part, at any time with
or without a reason, upon written notice to the other party. Such written notice shall
specify to what extent the work under the Agreement is being terminated and the
effective date of terrnination.
7. NOTICES. Notices to be provided hereunder shall be sufficient if forwarded to the
other party by hand-delivery or via U.S. Postal Service certified mail, postage prepaid,
to the address of the other party shown below.-
L_
if to CIL If to FWISD
Susan Alanis Walter Dansby
Assistant City Manager Superintendent
City of Fort Worth Fort Worth Independent School District
Inter local Agreement with FWISD for Como Elementary School Year 20,13i-21014 Page 3 of 7
1000 Throckmorton St. 100 N. University Dr.
Fort Worth, Texas 76102 Fort Worth, Texas 76107
(817) 3912-8180 (817) 871-2000
With a copy to With a cqPy to
City Attorney's Office General Counsel's Office
City of Fort Worth Fort Worth Independent School District
1000 Throckm+ rton 100 N. University Dr.
Fort Worth, Texas 76102 Fort Worth., Texas 76107
8. INDEPENDENT CONTRACTOR. FWIS,D shall operate hereunder as an independent
contractor and not as an officer, agent, servant or employee of the City. FWISD shall,
have exclusive control of and the exclusive right to control the work designated to the
FWISD to be performed hereunder, and all persons, performing the same, and shall be
solely responsible for the acts and omissions of its officers, members, agents, servants,
and employees,. Neither City nor FWISD shall be responsible under the Doctrine of
Respondeat Superior for the acts or omissions of officers, members, agents, servants,,
employees of the other. Nothing herein shall be construed as creating a partnership or
Joint enterprise between City and F'WISD.
9. NONDISCRIMI`NATION. Neither the City nor FWISD nor any of their respective
officers, members, agents, servants, employees, program, participants, or
subcontractors, while engaged in perfon-ning this Agreement, shall in connection with
the employment, advancement, or discharge of employees, or in connection with the
tern,is, conditions or privileges of their employment, discriminate against persons
because of their age,, except on the basis of a bona fide occupational qualification,
retirement plan, or statutory requirement.
The City and FWISD agree that, in the execution, performance, or attempted
performance of this Agreement, they will not discriminate against any person or
persons because of gender, race, religion, color, sexual orientation or national origin,
nor will FWISD permit its officers, agents, servants, employees, subcontractors,, or
program participants to engage in such discrimination.
10. SEVERABILITY. The provisions of this Agreement are severable and if for any
reason a clause, sentence, paragraph or other part of this Agreement shall be determined
to be invalid by a court or federal or state agency, board or commission having
jurisdiction over the subject matter thereof, such invalidity shall not affect other
provisions, which can be given effect without the invalid provision.
11. WAIVER OF DEFAULT No waiver by the parties hereto of any default or breach or
the fallureto insist upon the performance of any term, condition, provision, or covenant
of this Agreement shall be deemed to be a waiver or relinquishment to any extent of
any other breach of the same or any other term, condition, provision, or covenant
contained herein or the right of the,parties to assert or rely upon any such term.
Interlocal Agreement with FWJSD for Como Elementary School Year 2013-2014 Page 4 of 7
12. NOTICE O�F' CLAIMS. FWIS:D and City agree to notify the other romptly upon the
receipt of any claim or lawsuit brought in connection with any injury, death or damages
related to this Agreement. FWIS D and City agree to make their respective officers,
agents,, servants, and employees available at all reasonable times or any statements and
case preparation necessary for the defense of any claims or litigation for which the
other party may be responsible,hereunder.
13,. EFFECT ON THIRD PARTIES. Nothing herein shall be deemed to constitute a waiver,
of any immunity or affirmative defense, which may be asserted by FWISD or the City
as to any claim of any third party.
Nothing herein shall be construed in any manner, to create a cause of action for the
benefit of any person not a party to this Agreement, or to create any ri is for the
benefit of any person not a party to this Agreement not otherwise existing at law.
14. INSURANCE. FWIS:D agrees to require its contractors to fumish the City with
certificates of insurance, acceptable to the City, as proof that they secured and paid for
a policy ofcommercial liability insurance covering all public risks related to work
performed under this Agreement.
15. FORCE MAJEURE. If either Party is unable, either in whole or part, to fulfill its,
obligations under this Agreement due to acts of God; strikes, lockouts., or other
industrial disturbances; acts, of public enemies; wars,; blockades; insurrections; riots.
epidemics; public, health crises; earthquakes; fires; floods; restraints or prohibitions by
any court, board, department, commission,, or agency of the United States or of any
state'; declaration of a state of disaster or of emergency by the federal, state, county, or
City government in accordance with applicable law; issuance of an Imminent Threat
Alert or Elevated Threat Alert by the United States Department of Homeland Security
or any equivalent alert system that may be instituted by any agency United States* any
arrests and restraints- civil disturbances- or explosions- or some other reason beyond the
Party's reasonable control (collectively, "'Force Maieure Event"), the obligations so
affected by such Force Majeure Event will be suspended only during the continuance of
such event. If a Force Majeure Event occurs, the City may, in its, sole discretion, close
or postpone the opening of its community centers, parrs, or other City-owned and
operated properties and facilities in the interest of public safety and operate the as the
City sees fit. If City cancels an event, FWISD1 will be entitled to refund of any prior
fees paid to the City
1
16, APPLICABLE LAW AND VENUE.
(a) This contract shall be construed in accordance with the laws of the State Of
Texas.
(b) Should any action, whether real or asserted, at law or in equity, arise out of
the execution, performance, attempted performance, or non-performance of
this Agreement, venue for said action shall lie in Tarrant County, Texas or
the Federal Court of`the Northern District— Fort Worth Division.
Iate rlocal Agreement with l ISD for Como Elementary School Year 2013-20114 Page 5 of 7
17. HEADfN'G,,S., Headings and titles used in this Agreement are for reference purposes
only and s ll, not deemed a part of this Agreement.
'18. ENTIRE AGREEMENT., This, written instrument constitutes the entire understanding
of the parties hereto concerning the work and services 'to be per fomied. Any prior or
contemporaneous oral or written agreemeiit that purports to vary from the terms liereof
shall be void.
19. AMENDMENT. No amendment,, modification or a,lteration of the terms of' tbis
Agreement shall be binding unless the same is in writing,, dated subsequent to the date
hereof, and duly executed by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples
in Fort Worth, Tarrant County, T exas this (lay of 2013.
CITY OF FORT WORTI-I FORT WORTH INDEPENDENT
SCHOOL DIS ,RICT
,_
an
lams Walter Dans,
ssistant City Manager Supen ate
nd t
APPROVED AS, TO FORM
AND L,EGALITY-*
Assistg131k1hy Attorney Attorney for Fort Worth
Independent School District
A A T
jTE t
00,010
r a
Mar J. Kayser 0 �61' Noirr,l an Robbins
00
%0,OlSecretary, Bloar'd of'Ed,ucation
City Se cretar y
Contract Authortzation
0
M&C C-2613162 *xy
Date.- July 2
OFFICIAL R,F.CORD
4;ITY R ITARY
Ix
FT*WOR"s TX
Inter local Agreement with F D for c.otno Elementary School Year 2,013-2014 id,%gip11 1 b (
STATE OF' T'EXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Susan Alanis,, Assistant City Manager,, known to me to be the
person whose name is subscribed to the foregoing instrument., and acknowledged to me that the
same as the act of the City of Fort Worth and that he executed the same as the act of the said
City of Fort Worth for the purposes and consideration therein expressed and in the capacity
herein stated.,
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day
of 0,X UW J;� _, 2013.
���IFI1F E(
50
MY commiSSION EXPIRES
'�' l I N X T-
Fabjuwy 21 201i 4 r the State o
.1sro ary Public in and
Texas
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
. on this day personally appeared Walter Daps y, Superintendent, known to me to
be the person whose name is subscribed to the foregoing instrument, and acknowledged to me
that the same was for the purposes and consideration therein expressed, as the act and deed of the
Fort Worth Independent School District, and in the capacity therein stated as, its authorized
officer or representative.
GIVEN UNDER MY HAND, AND SEAL OF OFFICE, this , 5'4'A day of
12013.
71
Notary P6JAic in and for the State of
y ;8*
Texas
woo
C)
4"1
1 0
120
Interlocal Agreement with FWISD for Corno,Elementary School Year 2013-20,14 Page 7 of 7
�q�U�IIIN II VN IA i�'�i�l�p(iiW(d
Como After..'Scbool 999ISdI
S/P O rut Re-staIrt on Jan. 70 2014)
program dates
50 Student in& um,)
week (M IM
chool s � 6-00 PM
Rat-0s, FjementarY 12,672.010
F AS S � �� x days x h
t.-WAS S 12. 5 1,0
Supplies i r Agency v $308
ini tip .010
Training - 32 hoursx
r,rand Total
4
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION% Approved on 7/2312013 Ordinance No. 208291,-071-2013!
0111
DATE: Tuesday, July 231, 2013 REFERENCE NO..; **C-26362
LOG NAME,: 80FWISD11 3
0
SUBJECT,
Authodze Execution of an Agreement with the Fort Worth Independent School District, in the Amount Up to
$51,026.00 for Operation of the Fort Worth After School Program at Como Elementary School for the 2013--
201 4 School Year and Adopt Ap,propdation Or inance (COUNCIL DISTRICT 3)
RECOMMENDATION:
it is recommended that the City Council.-
1. Authorize the execution of an Agreement with the Fort Worth Independent School District in the
amount up to $51 026.00 to, provide the Fort Worth After School Program at Como Elementary School for
the 2013 2014 school year; and
2. Adopt-the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund in the amount up to $,51,0126.00.
DISCUSSION.
On August 8, 20007 (M&C C-1 1 e3) the City Council authorized an Agreement with the Fort Worth
Independent School District (FWSD)for the creation of a coordinating boal,rd and operation of an after
school program at selected ''"LSD schools to serve as a juvenile cri,m�e prevention measure. The Parks
and Community Ser\Awces Department has been operating this program at the Como Elementary School
site since 2000.
Both the City and FWISD wish to continue this arrangement for the 2013-2014 school year.
The City will receive up to $51,026.001 for the program at the Como Elementary School. Funds will be
reimbursed based on actual expenditures and the Agreement term,will run from JL1Iy 1 t 2013 through June
30, 2014 encompassing the entire 2013-2014 sch ooli ^car.
I
This program is located in COUNCIL DISTRICT 3.
1101)'),6-11_1110,11"Vj'1)01(111,I P_.""f""W"""PAO_" --------
FISCAL INFORMATION I CERTIFICATION10
The Financial Management Services Director certifies that the Parks and Community Service Department
is responsible for the collection and deposit of funds due to the City.
...........
FUND CIENTERSO
TO Fund/Act olunt/C � FROM Fund/AccountlCel rs
QR76 488917 080449656000 $51.OaL.00
"Loaname: 80F SD 3 New I of 2
w
dMl�
.0
o aye
Ordinance No.
ANI ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS
IN THE GRANTS FUND IN THE AMOUNT OF $5 ,0261.00,1 SUBJECT TO RECEIPT OF A,
GRANT FROM' THE FORT WORTH INDEPENDENT SCHOOL DISTRICT, FOR THE
PURPOSE OF OPERATING THE FORT WORTH AFTER SCHOOL PROGRAM AT
COMO ELEMENTARY FOR THE 2013-2014 SCHOOL YEAR- PROVIDING FOR A
SEVERAB,ILITY CLAUSE-, MAKING 'THIS ORDINANCE CUMULATIVE OF RIO
NAN NG R
ORDICES; REP OR IN CONFLICT HEREWITH, AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY TIDE CITYCOUNCIL OF THE CITY OF FORT WORTH,TEXAS,-
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2012-2013,in the
Budget of the: City Manager, there shall also be increased estimated receipts and appropriations in the
Grants, Fund in the amount of $51,026.00, subject to receipt of a grant, from the Fort Worth Independent,
School D,istrict, for the purpose of operating the Fort Worth After School Program at Como Elementary for
the 2013-2014 school year.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void
for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way
0
impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining
provisions shall be and remain in full force and effect.
SECTION,3
That this ordinance shall be cumulative of Ordinance No. 20411-09-2012 and all other ordinances and
appropriations amending the same except in those instances where the. provisions of this ordinance are in
direct conflict vAth such other ordinances and appropriations, in which instance said conflicting provisions of
said prior ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take eff ect upon adoption.
APPROVED AS TO FORM AND LEGALITY-
Assistant City Attorney
ADOPTED AND EFFECTIVE,